Moshiri v. Batista

In an action to recover damages for personal injuries, the plaintiff appeals, on the ground of inadequacy, from a judgment of the Supreme Court, Kings County (Partnow, J.), dated May 4, 2007, which, upon a jury verdict, awarded her the principal sum of only $35,000.

Ordered that the judgment is affirmed, with costs.

On appeal, the plaintiff claims that her award of damages was inadequate. She argues that it was inconsistent for the jury to accept her claims under the so-called “90/180 day rule,” and yet reject her claims that she sustained a “significant limitation of use of a body function or…